08-23-1976 - Regular Meeting - MinutesLl
MTNU'I'Es OF THE IZEGUTAIl MEETING OF THE CITY COUNCIL
CITY OF WEST COVINA , CALIFORNIA
AUGUST 23, 1976
The regular meeting of the City Council was called to order at
7:30 P.M. by Mayor Nevin Browne in the West Covina Council
Chambers. The Pledge of Allegiance was led by 61ouncilman
Kenneth Chappell; the invocation was given by Councilman Miller.
ROLL CALL
Present: Mayor Browne; Councilmen: Miller,
Chappell, Shearer, Tice
Others Present: Herman Fast, City Manager
George Wakefield, City Attorney
Lela Preston, City Clerk .
Michael Miller, Public Services Dir.
Leonard Eliot, Controller
Harry Thomas, City Engineer
Ramon Diaz, Planning.Director
Gus Salazar, Redevelopment Coordinator
Craig Meacham, Deputy Police Chief
Kevin Northcraft, Administrative Asst.
Ross Bonham, Administrative Asst.
Janet Williams, Administrative'Analyst
Bill Freemon, Staff Reporter, S.G.V.D.T.
Eric Cohen, Staff Reporter, Sentinel
APPROVAL OF MINUTES Councilman Miller made the following
August 9, 1976 correction to the minutes of August 9,
August 11, 1976 1976: page 3, paragraph 2 should read:
"...be referred to Staff for a report
back to us..."
Councilman Chappell made the following
correction to the minutes of August 9, 1976: page 24, paragraph 10
should read: "...RTD is upwards of fourteen billion dollars."
Motion made by Councilman Chappell,
seconded by Councilman Shearer to approve the minutes of August
9, 1976 as corrected and the minutes of August 11, 1976 as
submitted. Motion carried.
CONSENT CALENDAR Mayor Browne explained the procedure of
the Consent Calendar and asked if there
• were comments on any of the following
items.
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CITY COUNCIL
Consent Czi leiidar
1. WRITTEN COMMUNICATIONS
nu};usl_ 23, 1976
11;1ge Two
a) DEPARTMENT OF Re landscaping project to be developed
TRANSPORTATION within West Covina under 1976 Six -
Year Highway Program. (Informational -
Receive and file)
b) ACRET & PERROCHET Attorneys on behalf of Martin J. Jaska,
Inc., Bidders on Palm View Park
Community Center Project. (Refer to
Bid Item No. AA-1)
2. PLANNING COMMISSION
a) SUMMARY OF ACTION August 18, 1976 (Accept and file)
3. ABC APPLICATIONS Chief of Police recommends NO PROTEST
a) Gregory Scott McConaughy
2909 Citrus Street
West Covina, Ca.
b) Armon Construction Co.
321 Oakhurst Drive
Beverly Hills, Ca.
• c) Lyle B. Benton
1531 Ninth Avenue
Hacienda Heights, Ca.
Opal Marie McMahon
3066 Main Street
Baldwin Park, Ca.
dba THE HOOK, LINE & SINKER
2646 E. Garvey Avenue
dba MAC'S THRIFTY LIQUOR STORE
2711 East Valley Blvd.
dba THE CREST TAVERN
1232 W. Francisquito Ave.
d) Gulugian & Kearns Ent. Inc. dba THE THIN'S INN
Francis Kearns 2530 E. Workman Ave.
4726 Tanglewoou
Anaheim, Ca.
John Gulugian
17252 Citron
Irvine, Ca.
e) Angelo J. & Norma Brutocao dba
2800 East Larkhill Drive 675 S. Glendora Ave.
West Covina, Ca.
Leonard A. & Anne Brutocao
2780 East Larkhill Drive
West Covina, Ca.
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CITY COUNCIL
Consent Calendar
August 23, 1976
Page Three
4. CLAIMS FOR DAMAGES FILED WITH THE CITY CLERK
a) Marina Jones Re alleged loss of wedding ring during
• 221 S. Ninth St. arrest proceedings. (Deny and refer to
Industry, Ca. City Attorney and Staff)
b) Thorpe, Sullivan, Re closing off California Avenue and
Workman, Thorpe & constructing parking lot. (Deny and
O'Sullivan, Atty.. refer to City Attorney and Insurance
on behalf of Carrier)
Mirosc Co., Inc.
5. TRAFFIC COMMITTEE MINUTES
a) REVIEW OF ACTION August 17, 1976. (Accept and file)
(Refer to discussion on Pages 2 and 3)
6. CITY TREASURER
a) MONTHLY REPORT July, 1976. (Receive and file)
Councilman Tice and Councilman Shearer
had comments on Item 5-a (Traffic Committee Minutes).
Councilman Shearer: Re Item VII (Various Locations - Remove
Crosswalks). I would hope that contact
• is made with the School Districts for
their input before any final recommendation is made to the Council.
Re Items XIII and XIV (Relocating Bus
Stops), before we get into the area of moving bus stops, I hope
that all parties involved are contacted for their input - the
RTD, and the merchants in front of whose store or business a bus
stop is to be located,
Councilman Tice: Re Item VIII (Prohibiting Parking for
Street Cleaning - Roberto Avenue,
Dennis Avenue and Harbert Street), I
would like to see this done City-wide, if we could. I think if
we can do it in one area, we should do it in all areas. I would
like to get a report from Staff and the Traffic Committee on
their thinking in this matter.
Councilman Chappell: We have looked at that several times.
The problem is that the street sweepers
start very early in the morning, and
many of our households only have a one car garage and more than
one car so it is a requirement that they park in the street.
• About the only way to make it work is to have the streets swept
on one side one day and on the other side the next day. That
might be something the Staff could report.
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CITY COUNCIL
Consent Calendar
August 23, 1976
Page Four
We have many cars in our. City that
are parked on the streets because there is no place else to
park due to lack of restrictions earlier in our history. We
Is reason.
would have a hard time penalizing citizens for that
reason.
Although this has been considered
several times before, never with the thought of alternating
sides of the streets to allow the cars to move back and forth.
Mayor Browne:
We will direct this to Staff for
study.
Motion made by Councilman Chappell,
seconded by Councilman Shearer to approve the Consent Calendar.
Motion carried on roll call vote as follows:
AYES: Miller, Chappell, Shearer, Tice, Browne
NOES: None
ABSENT: None
GENERAL AGENDA ITEMS
AWARD OF BIDS
PROJECT NO. WCCD-2
• PALM VIEW PARK
COMMUNITY CENTER
Bids were received in the office of the
Community Redevelopment up to 10:00 A.M.
on Wednesday, July 28, 1976, and there-
after publicly opened and read. Held
over from August 9, 1976. Review Staff
Report and reject all bids and authorize
Staff to readvertise and receive new bids.
Mr. Wakefield: At the last meeting of the City Council
you took -action to waive the irregularity
in the low bidder's bid in that he had
not submitted his Affirmacive Action Plan in his bid package.
After review of the bids by HUD, the local office determined that
it could not certify the bids because of the irregularity. In
view of that determination, Staff would recommend that all of the
bids be rejected and that Staff would be authorized readvertise
for bids after some modification to the plans and specifications.
Mayor Browne: Referring to the modification of plans
and specifications, may I ask of Staff
what they have in mind.
Mr. Salazar: The modification is related to the
• application of insulation on the roof.
The architects have discussed with us
the possibility of modifying the structure which is holding up
the insulation which they feel can be modified to reduce the
amount of wood that might be necessary.
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CITY COUNCIL August 23, 1976
Award of Bids'. Page Five
Mayor Browne: Inasmuch as the bids came in
considerably over the Staff's estimates,
I would hope there will be a review of
• the whole plan.
As to bids in the future, I kind of
question giving out the Staff's estimates of costs. I sometimes
feel that contractors and people doing service with the City
government have a tendency to add on extra dollars. This is all
taxpayers' money. Staff estimated this job to be $230,000 and
there was an over -run on the bids submitted. I wonder if the
estimates would be. more competitive if the Staff's estimates were
with -held.
Mr. Salazar: It is usually contained in the adver-
tisements because of the bonding
capacities of certain contractors.
This gives an indication to the contractors whether they should
bid on the job. We did receive eight bids.
Mayor Browne: They all had the same information;
you showed your "hole card"with your
cost estimate. They are the contractors,
and we should let them do the bidding and come up with a dollar
value. We might know what we want to spend, but I do not think we
should let them know; that is like opening up the checkbook to a
• blank page and saying, "Sign it."
It is not just this contract, but many
others that have gone through, i.e. the tennis court lighting,
where I have sincerely felt this way. I have done business with
the County, State and Federal governments and know what the!
concensus of feeling is. I feel that if we try to tighten up
some of our information that is given out relative/our feelings
on costs and what we have to spend, I think it will be borne out
by a more structured rationale on the part of the contractors
who are bidding.
Mr. Salazar: Hopefully, since we are going to rebid
the job, the contractors who are going
to bid know that they have to come in
under the last low bid, and the low bidder will probably submit a
bid close to his last bid.
Mayor Browne: Hopefully it will work out at a lower
price.
Motion made by Councilman Tice, seconded
• by Councilman Shearer to reject all bids for Project No. WCCD-2
received up to July 28, 1976, and to authorize Staff to readvertize
and receive new bids. Motion carried.
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CITY COUNCIL August 23, 1.976
Public Works Page Six
PUBLIC WORKS
TRACT NO. 32621 Location: Northeast corner of California
• GARDEN PARK HOMES, and Merced Avenues.
A JOINT VENTURE
APPROVE FINAL MAP The Council reviewed the Engineer's Report.
RESOLUTION NO. 5304 The City Attorney presented:
ADOPTED A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF WEST COVINA, CALIFORNIA,
APPROVING FINAL MAP OF TRACT NO. 32621
AND ACCEPTING AN AGREEMENT BY THE SUB-
DIVIDER AND SURETY BONDS TO SECURE THE
SAME.
•
•
Motion made by Councilman Shearer,
seconded by Councilman Miller to waive further reading of the body
of said resolution. Motion carried.
Motion made by Councilman Shearer,
seconded by Councilman Chappell to adopt said resolution. Motion
carried on roll call vote as follows:
AYES: Miller, Chappell, Shearer, Tice, Browne
NOES: None
ABSENT: None
PROJECT NO. SP-75006 Location: Vincent Avenue at Walnut
ACCEPTING GRANT OF EASE- Creek Wash.
MENT, LOS ANGELES COUNTY
FLOOD CONTROL DISTRICT The Council reviewed the Engineer's Report.
RESOLUTION NO. 5305 The City Attorney presented:
ADOPTED A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF WEST COVINA, CALIFORNIA,
ACCEPTING GRANT OF EASEMENT EXECUTED
BY LOS ANGELES COUNTY FLOOD CONTROL
DISTRICT FOR STREET WIDENING PURPOSES,
AND DIRECTING THE RECORDATION THEREOF.
Motion made by Councilman Chappell,
seconded by Councilman Miller to waive further reading of the
body of said resolution. Motion carried.
Motion male by Councilman Chappell,
seconded by Councilman Miller to adopt said resolut:ion. Motion
carried on roll call vote as follows:
AYES: Miller, Chappell, Shearer, Tice, Browne
NOES: None
ABSENT: None
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•
•
CITY C0IJNC:1 L
Public Works
PROJECT NO. TS-77002
TRAFFIC SIGNAL INSTALLA-
TION -.APPROVE PLANS t.
SPECIFICATIONS
August 2.1, 1976
Page Seven
Location: Toluca Avenue and West
Covina Parkway.
The Council reviewed the Engineer's Report.
Motion made by Councilman Miller,
seconded by Councilman Chappell to approve the plans and
specifications for Project No. TS-77002, and to authorize the
City Engineer to call for bids. Motion carried.
Mayor Browne: The estimated cost of the project is
$52,600, and $80,000 has been requested
or is available. I presume that Staff
is only asking for the $52,600.
Mr. Fast: At the last Council meeting, you will
recall that there was a transfer
authorized from the Redevelopment
Agency Funds. However, the basis upon which the award will be
made is $52,600.
Mr. Thomas: The estimate for the contract amount
is $52,600, however, there are
engineering costs - both preliminary
engineering and inspection,that will be added onto that amount.
Additionally, we have provided 20 percent for contingencies.
We do still anticipate that the total cost of the project will
be below the amount of funds available. The Report before you
is based upon the detailed estimate after the plans were
completed. The original figure for the transfer of funds was a
much rougher estimate before we had any plans at all for the
project.
LOS ANGELES COUNTY AID Location: Citywide
TO CITIES FUNDING The Council reviewed the Engineer's Report.
RESOLUTION NO. 5306 The City Attorney presented:
ADOPTED A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF.WEST COVINA, CALIFORNIA,
REQUESTING AN ALLOCATION AND PAYMENT
OF COUNTY AID TO CITIES FUNDS FOR THE
MAINTENANCE OF SELECT SYSTEM STREETS.
Motion made by Councilman Shearer,
seconded by Councilman Tice to waive further reading of the body
of said resolution. Motion carried.
Motion made by Councilman Shearer,
• seconded by Councilman Chappell to adopt said resolution. Motion
carried on roll call vote as follows:
AYES: Miller, Chappell, Shearer, Tice, Browne
NOES: None
ABSENT: None
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CITY COUNCIL August 23, 1976
Oral Communications Page Eight
ORAL COMMUNICATIONS None.
CITY ATTORNEY
• RESOLUTION NO 5307 The City Attorney presented:
ADOPTED A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF WEST COVINA, CALIFORNIA,
AUTHORIZING AMENDMENT TO CAMERON
AVENUE PARK AND DEL NORTE PARK PROJECTS
NOS. 19-0120 AND 18-0122 — STATE BEACH,
PARK, RECREATIONAL AND HISTORICAL
FACILITIES BOND ACT OF 1974.
Motion made by Councilman Tice,
seconded by Councilman Shearer to waive further reading of the
body of said resolution. Motion carried.
Motion made by Councilman Tice,
seconded by Councilman Shearer to adopt said resolution. Motion
carried on roll call vote as follows:
AYES: Miller, Chappell, Shearer, Tice, Browne
NOES: None
ABSENT: None
THE MAYOR RECESSED THE CITY COUNCIL MEETING AT 7:52 P.M. FOR THE
PURPOSE OF CONDUCTING THE REDEVELOPMENT AGENCY MEETING. THE
• COUNCIL RECONVENED AT 7:55 P.M.
CITY MANAGER
REQUEST FOR BLOCK PARTY
ROBERT C. CAPPER
405 N. CARVOL AVENUE
WEST COVINA , CA.
Councilman Miller:
Motion made by Councilman Chappell,
seconded by Councilman Shearer to
approve the request for a block party
on September 19, 1976 from Robert C.
Capper. Motion carried 4 in favor,
1 opposed (Miller).
I am not opposed to block parties,
just blocking of the streets.
ASSEMBLY CONCURRENT Mr. Fast reviewed the.Staff Report with
RESOLUTION NO. 237 - the Council.
POST OPERATION LANDFILL
MAINTENANCE Motion made by Councilman Tice, seconded
by Councilman Shearer that the City
Council of the City of West Covina go
on record in support of Assembly Concurrent Resolution No. 237,
and authorize the Mayor to communicate this action to our State
Senate and Assembly representatives. Motion carried.
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CITY COUNCIL
City Manager
August 23, 1976
Page Nine
APPROVAL OF CITY'S Mr. Eliot and Mr. Bonham reviwed the
PROPERTY, EQUIPMENT Staff Report with the Council.
FLOATER, & GLASS
• INSURANCE COVERAGE Motion made by Councilman Shearer,
FOR FISCAL YEAR 1976-77 seconded by Councilman Tice to approve
the proposal received from Butler,
Christian and Dunn to provide replace-
ment coverage limits on the City's property and equipment with
full value coverage on the City Hall glass. Such coverage to be
placed with the Insurance Company of the Pacific Coast at a total
annual premium cost of $10,006., which represents an increase of
approximately 50 percent over last year's total premium cost of
$6,703. Mota.on carried.
PUBLIC HEARINGS
SITE MODIFICATION REQUEST Location: Tract No. 31102, Lots 21,
KAUFMAN AND BROAD,,INC. 22 and 23 fronting on Cecilia Street.
Request: Approval of a site modifica-
tion to permit two (2) existing single family detached units to
be less than ten•(10) feet apart. (8'6" to 9'6") Denied by the
Planning Commission on July 21, 1976, appealed by the applicant
on August 5., 1976. (Proof of Publication in the West Covina
Tribune on August 12, 1976 received. 3 notices mailed.)
• Mr. Diaz reviewed the Staff Report
with the Council. The Staff recommended denial of the request
for the following reasons:
(1) It is a self-imposed hardship.
(2) If the situation had occurred
anywhere else in the City of West Covina, the developer would
be required/rectify the situation by moving the homes to meet
the requirement. A variance applied for anywhere else in the
City could not meet the required four showings as setforth in
the City's Zoning Ordinance and in the State of California
requirements.
Should the Council find that the
requested site modification is warranted, Staff recommended
that five conditions of approval be applied.
Mr. Diaz: Council will note that one condition
of approval brought forth to the
Planning Commission has not been
contained in the recommendation to the Council; that is, the
condition which would require a two hour fire wall. I must stress
the uniqueness of the situation, therefore when setting forth the
conditions of approval, it was felt that the two hour fire wall
• was a good idea to achieve protection for the two homes. Since
that time, in discussions with the Building and Safety Director
and his assurances that a two hour fire wall would not make that
much difference and probably result in an inferior product to
what exists, the two hour fire wall requirement was deleted.
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CITY COUNCIL August 23, 1976
Public Hearings Page Ten
Site Modification Request
Kaufman and Broad, Inc.
PUBLIC HEARING OPENED
IN FAVOR
Mr. Bruce Tripp (Sworn in by the City Clerk)
Kaufman and Broad, Inc. After listening to Staff's Report
17881 Sky Park North and recommendations, there is not
Irvine, Ca. too much more I can add regarding
the facts of the case other than
the homes are, obviously, fully
completed. They are built and finaled by the City. After the
final inspection by the Building Department, our engineer and
a representative of Kaufman and Broad in the field discovered
the error - discovered, in fact, that the houses are anywhere
from six inches to a foot and one-half too close together.
We brought this problem to light to the City and to the founda-
Lion subcontractor. We are not discounting the fact that it is
a self-imposed hardship. The only point that we would like to
make clear is that it is not particularly a self-imposed hard-
ship upon Kaufman and Broad per se. It was a field error.
Mistakes happen in the field quite often, some more grave than
others. For -some reason these two foundations were staked and
poured too close together. They were inspected by the City;
finaled by the City; and, the houses were built.
• Kaufman and Broad did bring the
problem to the City. We recognized a potential problem, and
brought it to the City with the hope of finding a potential
solution.
Obviously, the cost to relocate these
two homes would be expensive; probably two-thirds the cost of
each house. It is a large burden to place upon the subcontractor
and possibly the engineer andfield work that might have been
mistakenly done, and the home buyers.
The homes have been sold. The property
owners have been contacted, and are fully aware of the problem.
They have submitted signed depositions stating that they fully
understand the problem and are aware of the problem and accept
the problem.
We request your approval of the Site
Modification for the reasons I have mentioned. We are prepared
to accept the conditions outlined by Staff, if you choose to
approve the request.
Councilman Tice: What are the FHA requirements - four
. or five feet from the property line?
Mr. Tripp: The general rule of accepted practice
is that whichever agency - FHA or VA,
is the lead agency to process dictates
the policies to the other. This project was processed through VA.
VA accepts a four foot side yard setback, so VA would accept an
eight foot distance between the buildings.
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CITY COUNCIL August 23, 1976
Public Hearings Page Eleven
Site Modification Request
Kaufman and Broad, Inc.
Mayor Browne: However, if FHA was the lead agency,
• and they set the side yard setback
at five feet for a total of ten feet
between houses, these homes would not meet the requirement. This
is the fact brought forth by Staff, and I happened to attend the
Planning Commission meeting where that fact was discussed. VA
would then follow in their footsteps. If the present owners
decide to sell their homes in the future, and FHA was the lead
agency in the matter and they imposed their standards, I think
this would be imposing something that the City is not desirous
of having happen in our community. This would place a cloud
upon the deed. Are you aware of that?
Mr. Tripp: The project has already been processed
through VA.
Mayor Browne: I understand that, but I am looking
down the road to the future. Someone
may want to buy the house and they are
not a veteran or do not have the ability to secure a conventional
loan; their only alternative would be FHA and they might be turned
down.
Mr. Phil Vaught (Sworn in by the City Clerk)
Kaufman and Broad, Inc. If in the future the homeowner would
17881 Sky Park North desire to sell the home, the second
Irvine, Ca. sale that would take place would have
nothing to do with the project that
was OK'd by FHA or VA, it goes back again to the minimum property
standards, which are a four foot clearance.from any projection of
the side yard. That would be taken under a separate entity and
would have nothing to do with the previous allocation.
Mayor Browne: I understand that. You are speaking
of a four foot side yard setback from
the standpoint of VA, but you are
not speaking of the FHA requirement, which our Staff tells us is
a five foot side yard setback.
Mr. Vaught: No, the FHA and VA property standards
are one in the same.
Mayor Browne: I don't know, we have two different
answers here - one from Staff, and one
from you. I would like to have some
facts.
Mr. Vaught:" They both go in under the minimum
property standards - the MPS Codes.
Mayor Browne: Could you relate more to the side yard
setback requirements of FHA, Mr. Diaz?
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CITY COUNCIL August 23, 1976
Public Hearings Page Twelve
Site Modification Request
Kaufman and Broad, Inc.
Mr. Diaz: As indicated in the Planning Commission
• minutes of July 21, 1976, there was
some question on this. Staff contacted
Mr. Duseneaux with HUD, and he indicated to us in that telephone
conversation that the minimum FHA requirements are that dwelling
units be a distance of ten feet apart. He indicated that this
applied on resale as well.
Therefore, because of the discrepancy
of information received in testimony from Kaufman and Broad and
the information which Staff received, Staff included Condition 4,
"That there be recorded with the deed a warning to prospective
buyers that the home may not meet FHA financing requirements."
Our understanding is that the require-
ment is a minimum of ten feet.
Mayor Browne: But, you have nothing in writing to
confirm this?
Mr. Diaz: Not from HUD, no. Only the telephone
conversation.
Mayor Browne: I would think that in all of the time
that has elapsed, more information
would have been obtained. This happens
to be a concern of mine for the future buyers of the properties.
I would presume that this warning would be included with the title
to the property. Someone could enter into negotiations and
escrow and it would not be until title search that this would be
revealed. Someone could make application for an FHA loan, and
this would all come out in the end and could forestall sale of
the property. I would like to see something confirming the
five foot setback as a rule of FHA, and I would like to see the
same thing from VA confir.t:ing the four foot setback. Until that
time I do not think I would be willing to even consider the matter.
Mr. Wakefield: I cannot add to the information which
Mr. Diaz has provided. It is my under-
standing that FHA does require a five
foot setback for side yard requirements.
Normally, in a situation of this kind,
if there are deviations from the standard requirements at the
time the application is made for the loan, FHA would require that
the seller of the property obtain specific approval of the local
• agency.involved before proceeding. The same thing is true with
this kind of a situation with respect to additions that may have
been made to a building without a permit, or an accessory building
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CITY COUNCIL August 23, 1976
Public Hearings Page Thirteen
Site Modification Request
Kaufman and Broad, Inc.
that had been too close to a rear yard or side yard. Whatever
• is required from the local agency - whether it be a variance
or a building permit, would be required to be issued before
FHA would proceed. Once that is done, then it is my understanding
that that impediment, whatever it is, would be removed.
As I view the matter,"if the Council
acts tonight to approve this modification of the requirements
of the Site Plan, then that would stand as City approval of the
condition as it exists on the ground so far as the property is
concerned, and FHA would undoubtedly accept that so far as the
future is concerned.
IN OPPOSITION None.
PUBLIC HEARING CLOSED
COUNCIL DISCUSSION
Councilman Shearer: As you recall, I phonedyou on this
matter sometime ago after having read
the minutes of the first Hearing before
the Planning Commission, not at the request from Kaufman and Broad
because until the gentleman stood up tonight,.I could not have
• told who was who... I felt that the recommendation and action of
the Planning Comssion, which basically said, "move the houses,"
was an unreasonable penalty, if I can use that term in the broad
sense, for the error that was made, particularly since the error
was brought to the attention of the City by the people who made
it. So, to require them to move two houses, when, probably, if
they had kept their mouth shut and said nothing, the houses would
have been sold, everybody would have moved away, and nobody would
have been the wiser. I am convinced that they did not try to
"pull anything on us," and therefore, felt that the recommendation
was a little stiff.
So, I called the Mayor, and I called the
Staff. We got together and discussed the matter for quite some
time one afternoon. In that discussion, we developed a set of
requirements, including a two hour fire wall which later proved
not to be as wise as some of the other requirements. The reason
for this was because the problem is establishing a precedent -
developers could come in, make a "mistake " on purpose and say,
"You did it for those houses over there, why not us?" So, we
were looking for a solution that would cause some hardship, not
out of proportion, but some hardship to the people who make a
mistake, so that when sometime later someone comes in and says,
"You let them." we could say, "Yes, but it cost them. It cost
them certain types of windows; it cost them a six foot masonry
wall; it cost them these types of things."
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CITY COUNCIL August 23, 1976
Public: Hearings, Page Fourteen
Site Modification Kegtiest
Kaufman and Broad, Inc.
I believe that these recommendations
• satisfy the requirements, and, also make the initial buyer aware
of the problem. It seems to me that the person who may suffer
at a later date in obtaining an FHA loan is not the person buying
the house, but the person who is selling it. He may find out
that he cannot sell because the buyer cannot get a loan. And,
those persons, by their own depositions here this evening, say
they are aware of the problem, and are willing to buy the house
anyway. So, what are we protecting them from? They are already
aware of it and say in writing that they want to buy the houses
anyway. Now, if sometime down the road they have difficulty in
selling the houses, then it is not the City's fault. I believe
we have done our job in directing the buyer; we have imposed a
penalty, using the term in the broad sense, on the people who
made the error; and we have taken care of the problem of
precedence.
So, I think that the recommendations
that Staff has made for conditions to be applied are appropriate
and that the Site Modification should be granted with the five
conditions imposed.
Councilman Miller: Did I hear you say, Mr. Wakefield,
that if these conditions are imposed,
• it should be acceptable to FHA in the
future?
Mr. Wakefield:
That is my understanding.
Councilman Miller: So, that should clear us as far as
loans. There should be no problem as
you see it from a conventional stand-
point if a buyer should decide not to go FHA or VA?
Mr. Wakefield: I think more and more the conventional
lender is tending to follow the same
general requirements as FHA. Savings
and loans and banks all seem to be following the same general
standards and imposing the same kinds of requirements.
It is my impression that once the City
has approved the modification which has been requested, that will
be accepted.
Councilman Miller: How will this affect fire insurance?
For instance, they talk about thermal -
paned glass. If that glass was broken, would it be replaced with
just regular glass? Would that jeopardize the homeowner then
from losing his fire insurance? Or, does this situation in
itself make it difficult to obtain fire insurance?
- 14 -
CITY COUNCIL August 23, 1976
Public Hearings Page Fifteen
Site Modification Request
Kaufman and Broad, Inc.
Councilman Chappell: There would be no problem. We insure
condominiums that are built right next
• to each other.
Mr. Wakefield: I think fire insurance rates and ratings
are based on an area and the amount of
fire equipment that is available for
fire protection rather than on individual structural conditions
within a building.
Councilman Chappell: It appears to me that the Mayor and
Mayor Pro Tem have done things which
are usually done by our City Council
in a meeting in reviewing this problem to see if some sort of
solution could be worked out. I commend them for the job they
did on this. I certainly agree with the findings that they came
up with. You did a good job, both of you, and I do concur with
your findings.
Certainly, any builder who wants to
try the City Council in an error on purpose might find that we
would not be so generous, if that word could be used at this
time.
• Councilman Tice: I still do not know whether the
requirement is four feet or five feet.
I was going to suggest a continuation
so that we could get the exact answer on this.
I have to admire the construction firm
for bringing this to our attention. I believe it is an honest
mistake, and, I am willing to vote in their favor. But, I would
still like to have the question on setback requirements answered.
Mayor Browne: I too would like to see the Staff obtain
a firm answer from VA and FHA so that
the Staff can be guided in the future.
As Councilman Shearer indicated, we did
meet to try to draw some punitive measures in regard to the error,
which was, in our opinion, not intentional. I think it was
honorable on their part to bring it to the attention of the City
even though it had passed final inspection.
I would like to see one more require-
ment added to Condition 4 - that the applicant submit a certified
copy of same to the Staff. And, I would also like a certified
• copy of the sales agreement with the two parties purchasing these
homes, along with the escrow figures for the sale to insure that
the costs of the conditions are not passed on to the home buyers.
- 15 -
CITY COUNCIL August 23, 1976
Public Hearings Page Sixteen
Site Modification Request
Kaufman and Broad, Inc.
Motion made by Councilman Shearer,
seconded by Councilman Tice. to approve the Si.teiModification
• subject to the five conditions as outlined in the Staff Report
dated August 23, 1976 and as modified by Mayor Browne this
date. Motion carried.
AMENDMENT NO. 128 Proposed amendment to Sections 9203 and
ENVIRONMENTAL IMPACT REPORT 9204 of the West Covina Municipal Code,
CITY -INITIATED pertaining to the keeping and mainten-
ance of horses in single-family
residential zones. Recommended by the
Planning Commission Resolution No. 8-76-2673. (Proof of Publica-
tion in the West Covina Tribune on August 12, 1976 received.
No Notices mailed.)
Mayor Browne: For the information of the audience,
the City Council, the Planning
Commission and the Planning Department
have met several times for complete review of proposed revision.
Mr. Diaz reviewed the Staff Report,
noting the key elements of the proposed revision.
• PUBLIC HEARING OPENED
Mr. T. Kerckhoff (Sworn in by the City Clerk)
843 S. Montezuma Way I have a question. My property is'
West Covina, Ca. partially in Area 3 and partially in
Area 2. Are you going to include me
in one or the other, or what?
Councilman Shearer: Which would you want to be in?
Mr. Kerckhoff: I would like to be in Area 3.
Mr. Diaz: Yes,, there is a situation in one part
of the City where the area district
boundaries cut into properties. Staff
will look into this. Staff recommendation would be that the
boundary lines be changed so that they conform to the property
lines. This action should be initiated by the City. We will
look at it, and see if it should be in Area 3. As I recall, all
of the properties in question should be in Area 3.
Mayor Browne: Well, this is borne out by the lot
size. What is your lot size?
• Mr. Kerckhoff: 212000.
Mayor Browne: At this time I believe it is up to
Council to direct Staff to reset the
boundaries to accommodate the
property lines, and Mr. Kerckhoff's
request.
- 16 -
0
•
•
CITY COUNCIL
Public Hearings
Amendment No. 128
August 23, 1976
Page Seventeen
We will ask for a Staff review,
Report and recommendation on this matter.
Mr. Hawthorne (Sworn in by the City Clerk)
2238 Cameron Avenue I would like to know what effect
West Covina, Ca. this will have on my property as far
as the time period for the keeping of
horses.
Mayor Browne.: I am not sure that the Staff can answer
your question without having a tract
map in front of them.
Mr. Hawthorne:' I am interested in the time limit.
There are some people in that zone,
which I believe is 2-a, who have
animals now. What time limit would they have to dispose of them?
Mr. Diaz: If Mr. Hawthorne's parcel is in Area
District 32 he will be permitted to
keep horses. If it is within any of
the Area Districts below 3, then he would have six months.to
move the horses off of the property because he is zoned R-1,
and would not have the one acre minimum for the maintenance and
keeping of horses.
Mayor Browne: Are there any lots along Cameron,
east of Hollenbeck and west of Citrus
that do have adequate size to keep
and maintain horses?
Mr. Diaz: From what I understand, some of the
lots are keeping horses in a kind of
marshy area below that. Whether the
gully is part of their lot or not is something else. The one
acre or more as requirea by current requirements - I would hate
to take a guess; I would say there are not many, if any.
Councilman Shearer: But, a lot sized 23,000 square feet now
in'anything other than an R-A zone, if
there is an animal on it, it is illegal.
Mr. Diaz:
Yes, non -conforming.
Mayor Browne:. And, the person will have six months,
should he have horses, to get rid of
them.
Mr. Diaz: Yes, if he is in other than Area District 3.
Councilman Shearer: Six months to get rid of a horse he should
not have now under those conditions.
Mr. Diaz: Right.
- 17 -
CITY COUNCIL
Public. Hearings
Amendment No. 128
August 23, 1976
Page Eighteen
In the absence of knowing specifically
what Area District Mr. Hawthorne's property is in, I think the
answer to the question will have to wait until Mr. Diaz can
• consult the.zoning maps. I am not sure that this question will
make or break the enactment or the non -enactment of the proposed
Amendment to the Ordinance.
Mr. Hawthorne: I brought this up because I feel that
maybe the Council might have over-
looked some property that was pretty
well used as horse ranch property, and that is still being used
that way. I think the zoning proposed goes just to that area,
but excludes the area.
Councilman Shearer: Let us say there are ten lots facing
Cameron between Hollenbeck and Citrus
that exceed 20,OOO.square feet, what
is the Area District 3 minimum?
Mr. Diaz:
14,500 square feet.
Councilman Shearer: Couldn't the City initiate a zone
change to define a unique situation,
and change that area.from Area
District 2 to Area District 3 if there are a sufficient number
• of adjacent lots to warrant the change appropriate?
Mr. Hawthorne: I would say that right now in my area
there are 20 to 25 lots of 20,000
square feet or more.
Councilman Shearer: Could we do that, Mr. Wakefield, rather
than granting some sort of variance for
the keeping of a horse?
Mr. Wakefield: Yes, I do not see any reason why there
couldn't be such a change. If there is
such an area in question it could be
corrected in total, but I doubt that you would deal with it on
a lot by lot basis.
Councilman Shearer: I am talking about a group of lots that
would fall into the category.
(Mr. Hawthorne will contact Mr.. Diaz
in the Planning Department.)
40
PUBLIC HEARING CLOSED
•
11
CITY COUNCIL
Public Hearings
Amendment No. 128
COUNCIL DISCUSSION
Councilman Tice:
the City, so, naturally,
August 23, 1976
Page Nineteen
It was at my request that the Staff
looked into restricting the animal
population in certain sections of
I am in favor of it.
I would like to make one change,
however. On page three, paragraph 3, I would like to have the
time limit changed to one (1) year, "...shall be removed from
said parcels within one (1) year of the effective date of this
ordinance."
(The Council concurred with the
change recommended by Councilman Tice.)
Councilman Shearer: We keep talking about this as the
"Horse Ordinance" and all of the way
through it we talk about a number
of other types of animals. Depending upon your background, I
guess, there is compatibility or non -compatibility. But we get
down to the point where we talk about pigs and I wonder if we
want pigs anywhere in the City of West Covina. I did a little
research into the matter and found that a past Council passed
Section 4300 of the Municipal Code which outlaws pigs anywhere
in the City. So, there is a conflict. Do we. want pigs in the
City if we do, then we have to change Section 4300, if we do
not, then we have to change Amendment No. 128.
I. for one, think pigs are fine if
they live somewhere other than in our City's boundaries.
Mayor Browne: I would agree with you. There should
be some consistency in the Ordinance.
I would feel that tonight, if the
Council so wishes, that ,aP could delete that portion out of the
Ordinance, and instruct Staff to revise any other Ordinances
that relate to the pig factor.
Mr. Wakefield: Section 4300 does prohibit the keeping
of pigs, hogs.
Motion made by Councilman Shearer,
seconded by Councilman Tice that the Council adopt Amendment
No. 128 as proposed with the deletion of reference to swine,
and the correction as noted by Councilman Tice on page 3, para-
graph 3 to set the time limit to one (1) year. Motion carried.
MAYOR BROWNE CALLED FOR AN EXECUTIVE SESSION AT 9:05 P.M. FOR THE
PURPOSE OF MEETING WITH THE CONSULTING ATTORNEY FOR MEET AND CONFER
NEGOTIATIONS. THE COUNCIL RECONVENED AT 9:30 P.M.
- 19 -
r 1
CITY COUNCIL
City Attorney
CITY ATTORNEY
ORDINANCE INTRODUCTION
August 23, 1976
Page Twenty
The City Attorney presented:
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF WEST COVINA, CALIFORNIA,
ADDING SECTION 6235.8 TO THE WEST
COVINA MUNICIPAL CODE RELATING TO
GAMES OF SKILL AND SCIENCE.
Motion made by Councilman Tice,
seconded by Councilman Shearer to waive further reading of the
body of the Ordinance. Motion carried.
Motion made by Councilman Tice,
seconded by Councilman Shearer to introduce said Ordinance.
Motion carried.
ORDINANCE INTRODUCTION The City Attorney presented:
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF WEST COVINA, CALIFORNIA,
AMENDING THE WEST COVINA MUNICIPAL
CODE SO AS TO REZONE CERTAIN PREMISES.
(Zone Change No. 504 - Belcher-Kiely
Associates. Location: West side of
Sunset Avenue, south of Merced Avenue.)
is Motion made by Councilman Shearer,
seconded by Councilman Tice to waive further reading of the body
of said Ordinance. Motion carried.
Motion made by Councilman Shearer,
seconded by Councilman Tice to introduce said Ordinance.
Motion carried 4 in favor, 1 opposed (Miller).
RESOLUTION NO. 5308 The City Attorney presented:
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF WEST COVINA, CALIFORNIA,
APPROVING PRECISE PLAN OF DESIGN
NO. 677. (Belcher-Kiely Associates)
Motion made by Councilman Chappell,
seconded by Councilman Shearer to waive further reading of the
body of said resolution. Motion carried.
Motion made by Councilman Chappell,
seconded by Councilman Shearer to adopt said resolution. Motion
carried on roll call vote as follows:
AYES: Chappell, Shearer, Tice, Browne
• NOES: Miller
ABSENT: None
- 20 -
W,
CITY COUNCIL
.City Attorney
ADOPTION OF OPERATING
BUDGET FOR 1976-77 AND
TAX RESOLUTIONS FOR
1976-77 FISCAL YEAR
RESOLUTION NO. 5309
ADOPTED
August.23, 1976
Page Twenty-one
The City Attorney presented:
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF WEST COVINA, CALIFORNIA,
ADOPTING THE BUDGET AND APPROVING
THE APPROPRIATIONS FOR THE FISCAL
YEAR COMMENCING JULY 13 1976 AND
ENDING JUNE 30, 1977.
Mr. Eliot: The proposed budget has been reviewed
in our many sessions on the budget in
this especially difficult year of a
pretty stable income, but increased expenditures due to inflationary
pressures, mandated changes in costs to the Ci-ty - liability
insurance rates going up, Workman's Compensation rates soaring,
retirement rate increases, etc.
I did note a comment in the newspaper
the other night with reference to the increase in the proposed
budget as opposed to last year, an increase of $1,000,000. I would
like to make clear that it does not indicate an increase of
spending by this Council for expanding programs. A great deal of
the increase costs are other programs that are not funded by the
regular City budget, i.e. Community Development, which is a
federally funded program (increased in funding this year, not
comparable to last year's spending level); and, the City has
received a large grant, federally funded, from LEAA„ which tends
to inflate the size of the budget. If you were to strip away
those federally funded programs which are not coming under the
direct purview of the Council as far as raising taxes or from.
the General Fund of the City, and to deduct the costs over which
we do not have control, i.e. insurance, retirement and Workman's
Compensation costs, this is actually a budget that is operating
on less dollars than last year, hoping to do the same level of
work for the citizens of this community.
The attempt has been to maintain a level
of service as best as can in these difficult times, and that is
what this budget being recommended to you tonight does. It has
been cut to a level beyond which it would mean a decrease in
service. The apparent increase in the dollars is just that - it
appears to be a larger budget, but actually increased federal
funds for specialized programs are not part of the general work
of the City.
I would also like to comment that.the
Council and Staff's primary objective was to make sure that
there would not be a tax rate increase to the citizens of this
City. The budget, as presented to you tonight, reflects that
there is no increase in the tax rate in the City of West Covina,
whether it is for the General Fund, the Maintenance Districts, or
for the Sewer District of the City.
- 21 -
CITY COUNCIL
City Attorney
August 23, 1976
Page Twenty-two
Councilman Tice: The proposed budget reflects that
$1000.00 be set aside for the
Senior Citizens Club. I was
wondering if this year, since we have two Senior Citizens Clubs,
. if perhaps $200.00 be set aside for an assist to the new Senior
Citizens Club. They have not requested this.
Councilman Shearer: Not knowing the details, merits, or
needs of the two clubs, Mr. Wakefield,
is it necessary to specify in the
budget a split of the funds between the two clubs?
Mr. Wakefield: No, the item is just Senior Citizens.
Mayor Browne: Why don't we just appropriate the
funds and direct Staff to report how
the monies are spent on the one club,
and present recommendations to the City Council.
Councilman Chappell: Part of the $1000.00 has gone for
rent of the VFW Hall for the older
group. When we have Palm View Park,
that cost will automatically be cut off,,and there should be
$200.00 available for the newer club.
Mayor Browne: I believe Staff has already been
instructed to look into the rental
factor to see if there can't be made
a facility available within our own system so that rent will not
have to be paid.
Councilman Tice: As you will recall, I was pretty
adamant about Account No. 47,
Allowances and Memberships. I
feel that the Staff has done an excellent job in paring down
the budget this year, and the only area that I could find
that I felt could be trimmed down was that area (Account No. 47).
I made a motion, however my motion failed for lack of support.
I will vote for the budget, but I
would like to qualify my "yes" vote in that I am somewhat
disappointed that I could not get two percent more out of
Account No. 47.
Motion made by Councilman Shearer,
seconded by Councilman Tice to waive further reading of the body
of said resolution. Motion carried.
Motion made by Councilman Shearer,
. seconded by Councilman Tice to adopt said resolution. Motion
carried on roll call vote as follows:
AYES: Miller, Chappell, Shearer, Tice, Browne
NOES: None
ABSENT: None
- 22 -
CITY COUNCIL August 23, 1976
City Attorney Page Twenty-three
RESOLUTION N0. 5310 The City Attorney presented:
ADOPTED A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF WEST COVINA, CALIFORNIA,
FIXING THE AMOUNT OF MONEY NECESSARY
• TO BE RAISED BY TAXATION FOR THE
FISCAL YEAR BEGINNING JULY 1, 1976.
CJ
s
Motion made by Councilman Tice,
seconded by Councilman Miller to waive further reading of the body
of said resolution. Motion carried.
Motion made by Councilman Tice,
seconded by Councilman Miller to adopt said resolution. Motion
carried on roll call vote as follows:
AYES: Miller, Chappell, Shearer, Tice, Browne
NOES: None
ABSENT: None
Mayor Browne: We are very pleased that we do not
have to raise taxes in our City.
Hopefully, people will recognize that
any increases in their taxes are borne out by the new assessed
evaluation figures set by the County.
RESOLUTION NO. 5311 The City Attorney presented:
ADOPTED A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF WEST COVINA, CALIFORNIA,
FIXING THE RATES OF TAXES AND LEVYING
TAXES FOR THE FISCAL YEAR BEGINNING
JULY 131 1976.
Motion made by Councilman Shearer,
seconded by Councilman Chappell to waive further reading of the
body of said resolution. Motion carried.
Motion made by Councilman Shearer,
seconded by Councilman Chappell to adopt said resolution. Motion
carried on roll call vote as follows:
AYES: Miller, Chappell, Shearer, Tice, Browne
NOES: None
ABSENT: None
RESOLUTION NO. 5312 The City Attorney presented:
ADOPTED A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF WEST COVINA, CALIFORNIA)
FIXING THE AMOUNT OF MONEY NECESSARY
TO BE RAISED BY TAXATION FOR THE
FISCAL YEAR BEGINNING JULY 1, 1976,
FOR THE SEWER MAINTENANCE DISTRICT,
AND FIXING RATES OF TAXES AND LEVYING
TAXES FOR THE FISCAL YEAR BEGINNING
JULY 1, 19765 FOR SAID SEWER MAIN-
TENANCE DISTRICT.
- 23 -
CITY COUNCIL
City Attorney
August 23, 1976
Page Twenty-four
Motion made by Councilman Tice,
seconded by Councilman Shearer to waive further reading of the
body of said resolution. Motion carried.
• Motion made by Councilman Tice,
seconded by Councilman Shearer to adopt said resolution. Motion
carried on roll call vote as follows:
AYES: Miller, Chappell, Shearer, Tice, Browne
NOES: None
ABSENT: None
RESOLUTION NO. 5313 The City Attorney presented:
ADOPTED A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF WEST COVINA, CALIFORNIA,
FIXING THE AMOUNT OF MONEY NECESSARY
TO BE RAISED BY TAXATION FOR THE
FISCAL YEAR BEGINNING JULY 13 1976)
FOR THE WOODSIDE VILLAGE MAINTENANCE
DISTRICT NO. 1, CITY OF WEST COVINA AND
FIXING RATES FOR TAXES FOR SAID MAIN-
TENANCE DISTRICT AND LEVYING TAXES
FOR THE FISCAL YEAR BEGINNING JULY 1,
19762 FOR SAID MAINTENANCE DISTRICT.
Motion made by Councilman Miller,
• seconded by Councilman Chappell to waive further reading of the
body of said resolution. Motion carried.
Motion made by Councilman Chappell,
seconded by Councilman Miller to adopt said resolution. Motion
carried on roll call vote as follows:
AYES: Miller, Chappell, Shearer, Tice, Browne
NOES: None
ABSENT: None
RESOLUTION NO. 5314 The City Attorney presented:
ADOPTED A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF WEST COVINA, CALIFORNIA,
FIXING THE AMOUNT OF MONEY NECESSARY
TO BE RAISED BY TAXATION FOR THE FISCAL
YEAR BEGINNING JULY 1, 1976, FOR THE
WOODSIDE VILLAGE MAINTENANCE DISTRICT
NO. 2, CITY OF WEST COVINA, AND
FIXING RATES OF TAXES FOR SAID MAIN-
TENANCE DISTRICT AND LEVYING TAXES FOR
THE FISCAL YEAR BEGINNING JULY 1,
19763, FOR SAID MAINTENANCE DISTRICT.
• Motion made by Councilman Chappell,
seconded by Councilman Miller to waive further reading of the
body of said resolution. Motion carried.
Motion made by Councilman Chappell,
seconded by Councilman Miller to adopt said resolution. Motion
carried on roll call vote as follows:
AYES: Miller, Chappell, Shearer, Tice, Browne
NOES: None
ABSENT: None
- 24 -
•
CITY COUNCIL. August 23, 1976
City Attorney Page Twenty-five
RESOLUTION NO. 5315 The City Attorney presented:
ADOPTED A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF WEST COVINA, CALIFORNIA,
APPROVING THE ANNEXATION OF CERTAIN
TERRITORY TO THE CITY OF WEST COVINA
PURSUANT TO THE PROVISIONS OF SECTION
35300 TO 35326 OF THE GOVERNMENT CODE.
(Southerly Annexation District No. 222)
Motion made by Councilman Tice,
seconded by Councilman Chappell to waive further reading of the
body of said resolution. Motion carried.
Motion made by Councilman Tice,
seconded by Councilman Chappell to adopt said resolution. Mdion
carried on roll call vote as follows:
AYES: Miller, Chappell, Shearer, Tice, Browne
NOES: None
ABSENT: None
RESOLUTION NO. 5316 The City Attorney presented:
ADOPTED A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF WEST COVINA, CALIFORNIA,
AUTHORIZING THE SUBMISSION OF A FORMAL
APPLICATION FOR A PHASE II OF A.LAW
ENFORCEMENT PLANNING GRANT.
Motion made by Councilman Shearer,
seconded by Councilman Tice to waive further reading of the
body of said resolution. Motion carried.
Motion made by Councilman Shearer,
seconded by Councilman Tice to adopt said resolution. Motion
carried on roll call vote as follows:
AYL.;• Miller, Chappell, Shearer, Tice, Browne
NOES: None
ABSENT: None
MEMORANDUM OF UNDERSTAND- The Council reviewed the Staff Report.
ING WITH THE SERVICE
EMPLOYEES INTERNATIONAL Motion made by Councilman Chappell,
UNION LOCAL 660 seconded by Councilman Miller to
receive and file the Memorandum of
Understanding. Motion carried.
RESOLUTION NO. 5317 The City Attorney presented:
ADOPTED A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF WEST COVINA, CALIFORNIA,
AMENDING RESOLUTION NO. 1277 TO FIX
THE COMPENSATION AND BENEFITS PAYABLE
TO AND TO AMEND THE POLICIES APPLICABLE
TO MISCELLANEOUS EMPLOYEES WITHIN THE
WEST COVINA CITY SERVICE, AND AMENDING
RESOLUTION NO. 4855.
- 25 -
CITY COUNCIL
City Attorney
August 23, 1976
Page Twenty-six
Motion made by Councilman Tice,
seconded by Councilman Shearer to waive further reading of
the body of said resolution. Motion carried.
• Motion made by Councilman Tice,
seconded by Councilman Shearer to adopt said resolution.
Councilman Shearer: I would like to make a comment, if
I may, applicable to this and also
the next item, and, I trust will be
applicable to the one group that is missing as far as covering
all of the employees of the City of West Covina.
I would like to commend the repre-
sentatives of the employees groups for their understanding of
the financial situation of the City this year. I think that
the increases agreed to in the Memorandum are not consistent
with cost of living increases. However, I think that the ability
of the City to pay is obviously a limit, regardless of the cost
of living; the money just is not there. I think both of these
groups have taken the time to investigate the City's financial
situation and have said, I guess reluctantly, "Ok, we realize
the City's financial situation, and we will go under the terms
that we have agreed to."
I could not let this go without
• commending them for their outstanding approach to our negotiations
and the settlement, which is meager, I suppose, by some people's
justification, but at least it is within the financial ability of
the City.
I hope that our relationships continue
in the future on this very professional -and open and above board
status.
Mayor Browne: I think possibly in the past there have
been some differences of opinion and
some pretty tenuous points on occasion.
In discussing with some of the representatives of the employees
bargaining bodies prior to wage negotiations, I felt that their
approach was a very practical one this year based upon the fact
that they were seeking information relative to budgetary factors
that we have to review and contend with. Apparently there was
some misunderstanding in the past in the manner in which they
received this information. I think through the City Council's
direction to Staff over the past year, the attitude has tended
to change with respect to honesty in dealing with each other.
I think this is a milestone in the direction of understanding
between the employees and the Council.
City Council to grant,
we can afford it.
I am sure that it is the intent of the
wherever possible, a practical amount if
aw=
•
•
CITY COUNCIL.
City Attorney
August 23, 1976
Page Twenty-seven
The budget, as reviewed by these
people, was accepted; amounts were verified. All in all, I
think we have had a very good understanding from the start.
It was in the February -March period when we started thinking
about these negotiations.
I would like to say that as long as I
sit on the Council, I will direct myself to be conservative with
the taxpayer's money, as well as to give consideration for
justification of wage increases and benefits that we can afford.
follows:
AYES:
NOES:
ABSENT:
MEMORANDUM OF UNDERSTAND-
ING WITH nip WEST COVINA
FIREMEN'S ASSOCIATION, A
UNIT OF THE CALIFORNIA
TEAMSTERS PUBLIC PRO-
FESSIONAL AND MEDICAL
EMPLOYEES UNION LOCAL 911
Motion carried on roll call vote as
Miller, Chappell, Shearer, Tice, Browne
None
None
The Council reviewed the Staff Report.
Motion made by Councilman Tice,
seconded by Councilman Shearer to
receive and file the Memorandum of
Understanding. Motion carried.
RESOLUTION NO. 5318 The City Attorney presented:
ADOPTED A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF WEST COVINA, CALIFORNIA,
AMENDING RESOLUTION NO. 1277 TO FIX
THE COMPENSATION AND BENEFITS PAYABLE
TO FIRE FIGHTERS, FIRE ENGINEERS, FIRE
CAPTAINS AND FIRE BATTALION CHIEFS.
Motion made by Councilman Tice,
seconded by Councilman Shearer to waive further reading of the
body of said resolution. Motion carried.
Motion made by Councilman Tice,
seconded by Councilman Miller to adopt said resolution. Motion
carried on roll call vote as follows:
AYES: Miller, Chappell, Shearer, Tice, Browne
NOES: None
ABSENT: None
Mayor Browne: The increases in wages and benefits
as delineated in and approved of in
these Memorandums of Understanding
will be retroactive to July 1, 1976.
- 27 -
CITY COUNCIL August 23, 1976
City Attorney Page Twenty-eight
Mr. C. Bahn On behalf of myself personally, on
Pres. of West Covina behalf of my position with Local 911,
Firemen's Association and as President of the Association,
& Official of Local 911 I felt that it would be rather inappro-
priate not to make some comment about
these negotiations that we have just gone through. They have been
very difEicult negotiations for us as well as the City. You look
in the newspapers today and you see many other things going on in
many other cities that personally I do not like on either side of
the coin. Some cities' leadership allows their employees to do
anything they want and take it out on the taxpayers; other cities
harden their minds and hearts to listen to the employees and
their problems. These situations develop chaos and everyone's
illusions in this.
We do appreciate very much the tone
which was set initially in negotiations this year. I have been
working for the City for 15 years, and have been involved in
negotiations probably half of those years. From my personal
feelings, this was a very pleasant time, not in the sense that
we got what we wanted necessarily, but the tone was more impor-
tant to me. There was a rapport between ourselves and your
representatives. I presume that the tone they set reflected
the tone that you gave them, so I am presuming their tone was
the same as the Councihs..
• We asked for more facts this year
than we ever have. We delved as deeply into the budget as we
could as laymen with our professional help. We honestly felt
that the City financially has a problem. As President, I
felt that my only responsible action was to go back and advise
the people that financially this was about what the City could
afford.
To me, this was a reasonable position
to assume. It does not- mean that every year we will assume that
same position; it will be according to what the budget can and
cannot stand. I think this is a logical position to take.
I do want to compliment the Council
in their listening to us this year, giving us the chance to say
what we had to say, and honestly listening to us. We were very
satisfied. Last year we had some negative comments. If it is
negative, I will say so, but if it is affirmative, I will also
say so. This year we were satisfied. Mr. Counter did a very
good job. We, were able to reach agreements. We do appreciate
it. The City is lucky to have a Council who will set.a pace
such as this, and have an interest in the employees of the City.
• It is important.
We thank you. We will be in again
next year, and we will try to squeeze a little more out. But,
we do appreciate the atmosphere that we had this year, and hope
it will continue. If it does, I think that we will have quite a
few good years ahead of us.
CITY COUNCIL August.23, 1976
City Attorney Page Twenty-nine
Mayor Browne: Thank you for coming. We certainly
appreciate those kind words.
• MAYOR'S REPORTS
RESOLUTION NO. 5319 The City Attorney presented:
ADOPTED A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF WEST COVINA, CALIFORNIA,
COMMENDING LEONARD ELIOT FOR HIS
SERVICES TO THE CITY AS ACTING MANAGER
FEBRUARY 2, 1976 - AUGUST 1, 1976.
Motion made by Councilman Chappell,
seconded by Councilman Shearer to waive further reading of the
body of the resolution. Motion carried.
Motion made by Councilman Chappell,
seconded by Councilman Shearer to adopt said resolution. Motion
carried on roll call vote as follows:
AYES: Miller, Chappell, Shearer, Tice, Browne
NOES: None
ABSENT: None
Councilman Chappell: If it is legally possible, I would
• like to have the resolution carry
the signatures of all of the Councilmen.
Mr. Wakefield: That would be fine..
(The Council concurred with the
recommendation.)
COUNCILMEN'S REPORTS
AND/OR COMMENTS
Councilman Miller: I would like.to ask Staff to report back
to us with respect to the Administrative
Research Zone in the Orange -Merced area.
It has been brought to my attention that the area is not eligible
at this time for any state or federal money in the way of home
improvement loans. I feel that is an area that has gone down the
hill in such a way that we have to now start taking some action.
as to which direction this area should be going. I would like to
look out for the best interests of these people. I do not think
it is fair to keep them hanging. Either they are going to have
the opportunity to receive help to improve their area, or they
are going to be behind whatever development comes in. I think
. they are in a state of limbo, and we are going to have to meet
the challenge and try to help them.
Councilman Shearer: Mr. Salazar is not here, and he could
probably address the situation. But,
I would like to make some comment so
that we do not have something printed in the paper without being
complete.
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CITY COUNCIL August 23, 1976
Councilmen's Reports/Comments Page Thirty
1 believe that this matter has been
investigated alreacly, nncl LhaL it has been deLermined LhaL what
Councilman Miller has staled is correct technically, but
• practically speaking, I was advised by Mr. Salazar that the
people from HUD have indicated that it can be worked out. The
citizens in that area can receive the reimbursement of the
Home Improvement Rebate Program with no real problem.
Councilman Tice: We already have one senior citizen
in that area who has received some
rebate.
Mayor Browne: Councilman Miller asked for a report
back. I am sure if we contact Mr.
Salazar, he can clarify the situation
as it exists.
We certainly do not want to open any
plans for the area such as redevelopment. It has been the
policy of this Council to keep "hands -off" of redevelopment
of residential areas. I think we should stick strictly to the
Community Development Funds.
Councilman Miller: He has clarified that with me, but I
feel it is pretty restricted in that
we cannot make that a target area on
• a larger scale. I think it is something we should look into to
see if maybe we have to do some rezoning or something to see if
we cannot broaden it to those homes that need the extra help.
I have discussed this with Mr. Salazar.
As it is, it is not going to do the job for that area. It is
still going to go in a blighted way. It is going to go down hill
fast if we do not meet the challenge in some way.
Mayor Browne: I think there should be some indication
through Staff from residents in the
area who are desirous of the program.
Perhaps a survey could be made to give us better guidelines to
direct the future of the Community Development Fund. But, I
think that the residents can be approached on an individual
basis; that is my understanding.
We should probably all compare notes
on this issue because we have probably all received individual
calls.
• report on the matter.
We will have Mr. Salazar give us a
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CITY COUNCIL August 23, 1976
Councilmen's Reports/Comments Page Thirty-one
Councioman Chappell:, The RTD Board once again voted to
use Gas Tax Funds to develop their
program. We already know what is
• happening to our ATC Funds, and this would further deplete, if
not eliminate, any of those funds plus other,Gas Tax Funds we
might be entitled to at this present time in our City.
Our representative to the Board
voted in opposition to using Gas Tax Funds in this manner,
along with Supervisor Schabarum's representative. The other
three corridor representatives voted in favor of it.
I am taking this up at our Executive
Board meeting to find out why corridor representatives do not
vote in protection of the various cities that they represent.
The Executive Board will meet this
Thursday. If any of you have any comments I will be happy to
take them along with me as ammunition.
These funds are really needed by our
cities and we cannot deplete them any further for RTD. They will
have to get their funds somewhere else. We are the ones having
it taken away from us. The State and the County are not going to
stop spending theirs.
• Mayor Browne: You ask for comments on RTD - after
receiving this telegram, and consider-
irgtheir strike - have you got about
two hours? Anyone having to travel the freeway this morning was
from a half an hour to an hour late getting to their job; and,
by the same token the freeway was jammed tonight.
Considerations that are given by the
RTD, both from Cite management and the employee's standpoint,
really irk me. Every time they take, we have to give. We have
just considered our own emYloyees and could only give a 32
percent factor, and here they are demanding a 23 or 24 percent
combined wage -benefit. Where is it all going to stop? They
take away our money from Gas Tax Funds, depleting what we now
have. We cannot afford to do anything.
I do not know what the answer is, but
I think that somewhere along the line cities are going to have to
band together and take a firm stand and just say "NO" every time
RTD is mentioned. It is getting to be a dirty word as far as I.
am concerned.
• Councilman Shearer: There seems to be a general feeling
among people that there is something
magic about gas tax in that it is
inexhaustible, and that we can spend it twice, three times, etc.
But, -surprisingly, gas tax is like any other piece of money, you.
spend it and it is gone, and you can only spend it one time.
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I+ �
CITY COUNCIL August 23, 1976
Councilmen's Reports/Comments Page Thirty-two
And, if you spend it on one thing, you do not have it to spend
oii another. That it very basic, but people vote to divert it
to once thing or anotlier, a+id naturally, when you divert it, it
• is gone.
Roughly, less than 50 percent of the
State gas tax that is collected goes to the cities and counties.
What is the income that the City of West Covina gets from the
seven cents State gas tax at the present time?
Mr. Eliot:
Approximately $600,000/year.
Councilman Shearer: So, when we are talking about State
Gas Tax Funds, we are not talking
about, necessarily, freeways and
so forth, because half of it goes to the cities. When we talk
about voting to divert that, then those representatives had
better ask themselves, "If we divert it, where are we going to
get the money to sweep our streets, patch and repair them, etc."
The same thing goes to the voters when they go to the polls and
they vote "yes" to divert additional Gas Tax Funds, it is not
just to stop the freeway construction, it .is stop the street
sweeping and stop all of the other things that go along with it.
It is not inexhaustible.
Councilman Chappell: I think that is why it is imperative
• to take a stand as cities to try to
stop this continual drain of our Gas
Tax Funds because the money did come from us. They could stop
us from what little we do in our community, which is certainly
short of what needs to be done.
Councilman Tice:
At this rate, the RTD will not have
any roads to ride on.
Mayor Browne: They will never get my vote for any-
thing on the RTD as long as they carry
on.the way they are.
Councilman Shearer: Most of the recent bulletin from the
League of California Cities dealt with
the Conflict of Interest Code that
is required to be adopted. I was wondering if we are in the
process of meeting the deadline; I notice that they mention one
deadline as being September 10, 1976, which.is very close.
Mr. Wakefield: The Code has been prepared for sometime.
It will be ready to submit to the
Council at your next regular meeting.
The Code has been held up because the Fair Employment Practices
Commission has been debating about the extent to which an
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CITY COUNCIL August 23, 1976
Councilmen's Reports/Comments Page Thirty-three
individual employee must have a policy making or recommending
role before he need be included in the disclosure and disqualifica-
tion requirements. Approximately a week ago, the Commission
• adopted a regulation which modified its previous requirements
substantially, and also adopted a suspension of all of the dead-
line dates that had been previously established. So, we still
have time to meet the deadline that was fixed.
•
Councilman Shearer: I think we are all aware of the very
fine season that all of our youth
baseball teams have had in West
Covina, topped. off by the second place finish of our Colt Team
just yesterday in the Boys Baseball World Series in Lafayette,
Indiana. To even be in the World Series, let alone going right
down to the wire, is very commendable. I am not going to propose
a perma-plaqued resolution, but I think that perhaps a letter
from the Mayor to the League President, and participation by
the Council in any type of an ward banquet if one is given would
be in order.
APPROVAL OF DEMANDS
(The Council concurred with the
recommendation.)
Motion made by Councilman Shearer,.
seconded by Councilman Tice to
approve Demands totalling $196,559.76
as listed on Demand Sheets U.C.B. 56713 through 56868 and B.A.
424 through 426. Motion carried on roll call vote as follows:
AYES: Miller, Chappell, Shearer, Tice, Browne
NOES: None
ABSENT: None
ADJOURNMENT Motion made by Councilman Tice, seconded
by Councilman Shearer to adjourn the
meeting at 10:25 P.M. until September
132 1976 at 7:30 P.M. Motion carried.
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